Water Industry Act 1991

7 (1) In this Schedule— E+W

• “conveyance” has the same meaning as in the M1 Law of Property Act 1925;

• “designated distance”, in relation to any part of a relevant undertaker’s undertaking, means, subject to sub-paragraph (6) below, thirty-seven metres;

• “mines” means mines of coal, ironstone, slate or other minerals;

• “owner”, in relation to mines and minerals, includes a lessee or occupier; and

• “underlying”, in relation to any part of the undertaking of a relevant undertaker, means lying under, or within the designated distance from, that part of that undertaking.

(2) For the purposes of this Schedule the undertaking of a relevant undertaker shall be taken to consist of so much of any of the following as is for the time being vested in or held by that undertaker for the purposes of, or in connection with, the carrying out of any of its functions, that is to say—

(a) any buildings, reservoirs, wells, boreholes or other structures; and

(b) any pipes or other underground works particulars of which fall or would fall to be incorporated in any records kept under section 198 or 199 of this Act.

(3) References in this Schedule to the working of any mines or minerals include references to the draining of mines and to the winning or getting of minerals.

(4) For the purposes of this Schedule land shall be treated as acquired by a relevant undertaker in pursuance of powers of compulsory acquisition if it—

(a) was so acquired by a water authority established under section 2 of the M2 Water Act 1973 or any predecessor of such a water authority or by a predecessor of a statutory water company; and

(b) is now vested in that undertaker in accordance with a scheme under Schedule 2 to the M3 Water Act 1989 or Schedule 2 to this Act or otherwise.

(5) In relation—

(a) to any land treated by virtue of sub-paragraph (4) above as acquired in pursuance of powers of compulsory acquisition; or

(b) to any land acquired by a statutory water company before 1st September 1989 in pursuance of any such powers,

references in this Schedule to the order authorising the acquisition include references to any local statutory provision which immediately before 1st September 1989 had effect in relation to that land for the purposes of any provisions corresponding to the provisions of this Schedule.

(6) For the purposes of this Schedule where—

(a) any part of a relevant undertaker’s undertaking was constructed, made, erected or laid in pursuance of an order made under any enactment or is situated on land acquired by the relevant undertaker in pursuance of any powers of compulsory acquisition; and

(b) the order authorising the works or acquisition designates any distance for the purposes of any enactment relating to mines or minerals underlying that part of the undertaking,

then for the purposes of this Schedule that distance shall be the designated distance in relation to that part of the undertaking, instead of the distance specified in sub-paragraph (1) above.

Marginal Citations

M1 1925 c. 20.

M2 1973 c. 37.

M3 1989 c. 15.